What happens when a defendant pleads insanity?

Guam – "For many years now, there's been a shortage of psychiatrists on Guam. And so that means that the pool for forensic evaluators is very small," said Judiciary of Guam administrator of the courts Josh Tenorio. He said the shortage delayed the Chad DeSoto trial last year.

Desoto pleaded not guilty by reason of insanity and claimed the Devil compelled him to drive down a crowded Tumon sidewalk, crash his car, dart out and stab people at random. As a result, three were killed. Eleven others injured.

"So it's become an issue you saw it last year when we had the DeSoto trial. We had to fly in a psychiatric expert with expertise in forensic evaluations to conduct the evaluation with DeSoto and also to be the expert witness when it came to trial," Tenorio continued.

Although the courts once had an in-house clinician who specialized in forensic evaluations, that individual has since retired. Without the budget to hire a new one and lack of interest locally, Tenorio is hoping to grow the pool for case-by-case contracting. "So this is a big priority for us. We're trying to identify some professionals on island who we can train to do it. It is a challenge, but for the bridge, we've been trying to utilize resources that we do have available," he said.

Most recently defendant Yu Hua Han pleaded not guilty by reason of mental illness. Han is the woman accused of punching a 10-month-old baby in the face on New Year's Day before running away. Following her insanity plea, the court ordered she undergo a forensic evaluation within ten days. That however couldn't happen as the courts are at the mercy of the forensic evaluator's schedule.

"In that case," said Tenorio, "there has been an on island psychiatrist with the experience in forensic evaluation to conduct it. But of course, that's always driven by the schedule of the provider as opposed to the schedule we'd want to set with the court." Tenorio assures KUAM News that Han is scheduled to undergo the evaluation in march so the case may move forward.

Meanwhile, it appears the same case is bringing to light another issue relative to mental health at the court level.

"And maybe one public policy area that needs to be looked at is the current statute for expungement - it limits the public's right to information on certain cases," he said.

It appears Han's priors were expunged as she was arrested in 2009 for stabbing a baby and the baby's father. According to the victim's family in this case, Han took the insanity plea and was deemed unfit to stand trial due to paranoid schizophrenia. The case is believed to be expunged as the courts could not confirm or deny this information. He summarized, "And so I think without getting outside of the gray line I think that probably by working with the judges and working with the legislature and trying to balance that with what the needs of the public, maybe there needs to be some reconsideration with that.

A longtime Guam Police officer finds himself on the other side of law. Police officer three Dennis Santos is now in custody at the Department of Corrections. His arrest is in connection to the July 4th car crash that occurred along Marine Corps Drive by K

A longtime Guam Police officer finds himself on the other side of law. Police officer three Dennis Santos is now in custody at the Department of Corrections. His arrest is in connection to the July 4th car crash that occurred along Marine Corps Drive by K

The Globe night club at the Sandcastle, Tumon was re-inspected by Public Health Tuesday afternoon and passed. According to inspectors all violations were corrected. The Globe was previously shut down after Health officials found an active roach infestatioMore >>

The Globe night club at the Sandcastle, Tumon was re-inspected by Public Health Tuesday afternoon and passed. According to inspectors all violations were corrected. The Globe was previously shut down after Health officials found an active roach infestatioMore >>

They're accused of entering Guam in June claiming to be tourists under the Visa Waiver Program, but instead stayed and were working as hostesses at a local club called Wild Orchid in Tamuning. Taiwanese nationals Yu-Hsin Chang, I-Ying Lin, Chiao-En Wang,More >>

They're accused of entering Guam in June claiming to be tourists under the Visa Waiver Program, but instead stayed and were working as hostesses at a local club called Wild Orchid in Tamuning. Taiwanese nationals Yu-Hsin Chang, I-Ying Lin, Chiao-En Wang, More >>

Nearly $2 million dollars in federal grant money was awarded to the island's Office of the Attorney General to provide direct assistance to victims of crime. In a release, Congresswoman Madeleine Bordallo announced the award funded by the U.S. DepartmentMore >>

Nearly $2 million dollars in federal grant money was awarded to the island's Office of the Attorney General to provide direct assistance to victims of crime. In a release, Congresswoman Madeleine Bordallo announced the award funded by the U.S. Department More >>

President Trump has signed the massive defense spending bill into law. It contains almost $450 million for the Guam military buildup. The largest project is a $141 million Machine Gun Range. In a news release, Congresswoman Madeleine Bordallo - who is runMore >>

President Trump has signed the massive defense spending bill into law. It contains almost $450 million for the Guam military buildup. The largest project is a $141 million Machine Gun Range. In a news release, Congresswoman Madeleine Bordallo - who is runMore >>

The baby girl who was suffocated to death back in June is finally laid to rest. On Tuesday, the Arimathea Society held a short funeral service for three at the St. Anthony Catholic Church in Tamuning. Among the departed, baby girl Norlisa. Norlisa's motheMore >>

The baby girl who was suffocated to death back in June is finally laid to rest. On Tuesday, the Arimathea Society held a short funeral service for three at the St. Anthony Catholic Church in Tamuning. Among the departed, baby girl Norlisa. Norlisa's motheMore >>

Rescue units have recovered an expired body approximately a mile from Pago Bay Bridge. Andrew Akima confirms it is his son, Xavier. The 15-year-old was separated from his group while hiking San Carlos Falls on Saturday. User: KUAM News To: linkMore >>

Rescue units have recovered an expired body approximately a mile from Pago Bay Bridge. Andrew Akima confirms it is his son, Xavier. The 15-year-old was separated from his group while hiking San Carlos Falls on Saturday. User: KUAM News To: linkMore >>

Another pushback in the trial against the six remaining defendants charged in connection last year's murder in the prison. Marvin Rechim, Isler Miller, Benster Benjamin, A-Last Simiron, Vimson Menisio, and Andrew Rios Jr. were scheduled to go to trial thiMore >>

Another pushback in the trial against the six remaining defendants charged in connection last year's murder in the prison. Marvin Rechim, Isler Miller, Benster Benjamin, A-Last Simiron, Vimson Menisio, and Andrew Rios Jr. were scheduled to go to trial thiMore >>

Veterans helping veterans, it's the mission of Green Valor. Over the weekend the organization led a cleanup at the Veterans Cemetery. Local veterans organizations, active duty personnel, reservists and other volunteer organization pitched in to water blasMore >>

Veterans helping veterans, it's the mission of Green Valor. Over the weekend the organization led a cleanup at the Veterans Cemetery. Local veterans organizations, active duty personnel, reservists and other volunteer organization pitched in to water blasMore >>

The search for the new Miss World Guam is underway. On Sunday an orientation was held for contestants to learn about what to expect on their journey. The Miss World Guam pageant focuses on giving back to the community. As part of the pageant contestants rMore >>

The search for the new Miss World Guam is underway. On Sunday an orientation was held for contestants to learn about what to expect on their journey. The Miss World Guam pageant focuses on giving back to the community. As part of the pageant contestants rMore >>